February 17, 2009, Introduced by Reps. Ebli, Liss, Byrnes, Miller, Scripps, Smith, Switalski, Roberts and Lisa Brown and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding section 17211.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17211. (1) Beginning January 1, 2010, a person who sells,
distributes, or otherwise provides by any means elemental mercury
to a person in this state shall provide with the elemental mercury
a material safety data sheet, as defined in 42 USC 11049. At the
time of receipt of the elemental mercury, the recipient shall sign
a statement indicating agreement with all of the following:
(a) The recipient will use the mercury only for medical,
dental, research, or manufacturing purposes.
(b) The recipient understands that mercury is toxic and will
store and use the mercury appropriately so that no person is
exposed to undue risk from the mercury. For the purposes of this
subdivision, placement of a mercury amalgam as an accepted dental
practice is not considered to expose a person to undue risk from
mercury.
(c) The recipient will not place the mercury or cause the
mercury to be placed for disposal or allow anyone under the control
of the recipient to place the mercury or cause the mercury to be
placed for disposal in either of the following:
(i) Solid waste.
(ii) A wastewater treatment and disposal system. This
subparagraph does not apply to a dental practice if mercury amalgam
waste generated at the practice is collected and recycled in
compliance with section 16631 and rules promulgated thereunder.
(2) A recipient of elemental mercury who is required to sign
the statement under subsection (1) shall retain a copy of the
statement for a period of not less than 3 years and shall make that
statement available to a representative of the state, a local unit
of government, or a municipal wastewater treatment plant upon
request.
(3) Placement of a mercury amalgam as an accepted dental
practice is not considered to be the sale, distribution, or other
provision of elemental mercury for the purposes of subsection (1)
or (2).